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REQUEST FOR QUOTATION Procurement Services 1000 Chastain Road

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REQUEST FOR QUOTATION Procurement Services 1000 Chastain Road Powered By Docstoc
					Procurement Services 1000 Chastain Road ● MB # 3501 ● Campus Services ● Building 35 ● Room 158 Kennesaw, Georgia 30144 ● Office (770)423-6214 ● Fax (770)423-6474 ● procurem@kennesaw.edu

REQUEST FOR QUOTE
Instructions: Vendor Information – Section II must be completely filled out. Failure to sign statement below by authorized representative will render Response to RFQ invalid. Response to the RFQ must be typewritten or printed in ink. Vendor is cautioned to carefully read the instructions and Kennesaw State University RFQ Standard Terms and Conditions. In compliance with State Purchasing Regulations, vendor(s) must be registered with The State of Georgia prior to Award. The Georgia Procurement Registry is located at http://statepurchasing.doas.ga.gov/00/channel_title/0,2094,35226973_36298624,00.html Failure to adhere to these instructions and terms and conditions may result in rejection of the Response to the RFQ. Response to the RFQ will be received by Kennesaw State University at the Office of Business Services until the date and time shown hereon for furnishing the described products or services.

Date: RFQ Number: Closing Date: RFQ Type: Bill To: Delivery Requested: (Lead Time) For Delivery in: Purchasing Agent:

June 13, 2008 54300-875 June 30, 2008 @ 2:00PM Agency Open Market Above Address Per Request

Section I Contract Type:

Open Market University Contract: Service X

Open

Fixed Qty

Lease

Point of Delivery: (FOB) Payment Terms:

Kennesaw State University, Kennesaw, GA 30144 Net 30 Days

Debbie Chimeno

% Days Cash Discount: Buyer Email: dchimen1@kennesaw.edu Section II -Vendor Information

Company: Address: City: Phone:
Tax ID: (TIN or SSN) State of Georgia Registered Vendor: Small Business: Minority Business:

State:

Zip:

Yes

No

Fax: Email: Note: Bidder must furnish a tax ID number in order to be awarded any State business. Note: Bidder must be registered with The State of Georgia to be awarded any State business.

Yes No Yes No If Yes, Check All That Apply African-Am Asian-Am Hispanic Native-Am Pacific Islander If the above address is not in Georgia, does your company maintain an office in Georgia?

Note: See State of Ga. Standard Terms and Conditions for definition of Minority business.

Yes Address:_ City:_

No If yes, indicate Georgia address: ________________________________________________________ _____________________________________Zip: __ __________

Section III - Instructions
RFQ is subject to the following instructions when checked:
X 1. RFQ in accordance with the rules, regulations and procedures of the Kennesaw State University RFQ Standard Terms and Conditions unless modified by Additional Terms and Conditions. 2. The attached “Additional Terms and Conditions” shall apply ( ) page(s). 3. In conformance with the attached “Specifications” ( ) page(s). 4. See attached ( ) page(s) of ( ) line item(s). X 5. Vendors must show manufacturer’s name and model number for each line item offered. X 6. Vendors must furnish specifications and complete descriptive literature with RFQ. X 7. Vendors must be in compliance with the Immigration Reform and Contract Act and Georgia Security and Immigration Compliance Act. (Immigration and Security Form must be completed and submitted with Response to the RFQ)

The following statement must be signed at the time Response to RFQ is submitted. Failure to sign this statement will render Response to RFQ invalid. The University is not responsible if the fax machine is out of order, lines tied up or RFQ received after the prescribed date and time that the quotes are due. E-mailed Response to RFQ is unacceptable.
“I certify that this bid/response is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a bid for the same materials, supplies, or equipment and is in all respects fair and without collusion or fraud. I agree that this bid shall remain open for a period of thirty (30) days from the date of opening. I understand that collusive bidding is a violation of state and federal law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the RFQ, and certify that I am authorized to sign this RFQ for the bidder (O.C.G.A. 50-7-67). I further certify that the provisions of the Official Code of Georgia Annotated 45-10-20 et. seq. has not and will not be violated in any respect.”
____________________________________________________________ __ _________________________

Authorized Signature __ ____________________________________________ Name (Typed or Printed)

Date RFQ APPENDIX A TOTAL

RFQ SPECIFICATION SHEET Line Item 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Qty/Unit Model # PiCo Clear-Com 36 port digital matrix controller Model # ECS Clear-Com digital matrix configuration software Model # ECS/Server Clear-Com digital matrix client server software Model # IMF-3 Clear-Com eleven slot interface card frame Model # PSU-101 Clear-Com Card frame power supply Model # CCI-22 Clear-Com 2-wire intercom interface card Model # V12LDX4 Clear-Com 12 lever digital user interface Model # V12LDDX4 Clear-Com desktop 12 lever digital user interface Model # PS-704 Clear-Com 4 channel power supply Model # KB-701 Clear-Com wall mount speaker station Model # KB-701 Clear-Com wall mount speaker station Model # 110\340\DIR Clear-Com directional gooseneck mircrophone Model # RS-601 Clear-Com single channel beltpack Model # RS-602 Clear-Com two channel beltpack Model # CellCom 10 Clear-Com wireless main station Model # CEL-TA Clear-Com wireless intercom antenna Model # CEL-BP Clear-Com wireless intercom beltpack Model # CEL-FS-CASE Clear-Com Wireless intercom beltpack case Model # CC-40 Clear-Com wireless intercom headset Model # SX1120-RT SurgeX power conditioner Custom installation of wall plates and wireless main station (installation cost to be determined.) 1 EA 1 EA 1 EA 1 EA 2 EA 5 EA 2 EA 1 EA 2 EA 2 EA 18 EA 3 EA 9 EA 4 EA 1 EA 1 EA 4 EA 4 EA 5 EA 1 EA 20 EA Brand/Model Unit Price TOTAL

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ADD SHIPPING COSTS LESS DISCOUNT(S) SEE SPECS AND DETAILS USING THIS LINK:
https://files.kennesaw.edu/xythoswfs/webui/_xy-951849_1s_59nQ9zj6

Password: comm
GRAND TOTAL Product must include USA Manufacture’s Warranty and Bidder must be an authorized Dealer/Reseller of quoted brand/model product. Bidder must submit all required documents listed below (See attached documents to RFQ#54300-875):     Sales and Use Tax Registration (Form A) Warranty Agreement (Form B) Vendor Registration Form (Form C) Reference Form (Form D)

Unless otherwise specified, the item(s) in this Invitation to Bid have been identified, described and referenced by a “brand name” or trade name/mark that is intended to be descriptive, but not restrictive, and is used to indicate the quality and characteristics of products that may be offered. Other products may be considered for award if such 2

products are clearly identified in the bid and are determined by the State to meet its needs in all respects. It should be the responsibility of the bidder(s), including the bidder whose product is referenced, to indicate the brand name and model or series number of the product offered and to furnish with their bid such specifications, catalog pages, brochures, or other data that will provide an adequate basis for determining the quality and functional capabilities of the product offered. The State reserves the right to request product demonstrations and/or samples from any bidders prior to award. Failure to provide the requested data or product demonstrations and/or samples may be considered valid justification for rejection of bid. KSU will award to the lowest responsive and responsible bidder. Questions shall be e-mailed to: dchimen1@kennesaw.edu

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RFQ Standard Terms and Conditions

A. DEFINITIONS The following words/acronyms shall be defined as set forth below (i) “University” means Kennesaw State University (ii) “BOR” means Board of Regents of the University System of Georgia (iii) “Contract” means the agreement between the University and the Contractor as defined by the Kennesaw State University RFQ Standard Terms and Conditions and all incorporated documents. (iv) “Contractor” means the provider of the goods and/or services under the Contract. (v) “Response” means the Contractor’s submitted response to the RFQ, including any modifications or clarifications explicitly accepted by the University in writing. (vi) “RFQ” means the Request for Quotes or other solicitation document (and any amendments or addenda thereto) that was used to solicit the goods and/or services that are subject to the contract. B. INCORPORATED DOCUMENTS The terms, conditions, and specifications of the RFQ and the Contractor’s Response are hereby incorporated by reference and made a part hereof just as if they had been fully set out herein. In the case of any inconsistency or conflict among the specific provisions of the contract and any incorporated documents, any inconsistency or conflict shall be resolved as follows: first, by giving preference to the specific provisions of the Contract: second, by giving preference to the specific provisions of the RFQ; and third, by giving preference to the specific provisions of the Contractor’s Response. Any pre-printed terms and conditions included on Contractor’s forms or invoices shall be null and void. C. DURATION OF CONTRACT

The Contract between the University and the Contractor shall begin and end on the dates specified in the RFQ, unless terminated earlier in accordance with the applicable terms and conditions of this Contract. Pursuant to O.C.G.A. Section 50-5-64, this Contract shall not be deemed to create a debt of the State for the payment of any sum beyond the fiscal year in which the appropriations have been made.
D. DELIVERABLES 1. Specifications in Bidding Documents. The Contractor shall provide all goods, services, and other deliverables required in the RFQ that comply with the specifications contained in the RFQ and the terms of the Contract, plus those goods, services and other deliverables as may additionally be described in Contractor’s Response. 2. Product Shipment and Delivery. All products shall be shipped F.O.B. destination to the location(s) specified in the RFQ or as provided in the University’s purchase instrument. All items shall be at the Contractor’s risk until they have been delivered and accepted by the receiving entity. All items shall be subject to inspection on delivery. Hidden damage will remain the responsibility of the Contractor to remedy without cost to the University, regardless of when the hidden damage is discovered. 3. Non-Exclusive Rights and No Minimums Guaranteed. The Contract is not exclusive. The University reserves the right to select other contractors to provide goods and services similar to goods and services described in the Contract during the term of the Contract. The Contract does not guarantee any minimum level of purchases unless stated otherwise in the RFQ. E. COMPENSATION 1. Pricing. The Contractor will be paid for the goods and services sold pursuant to the Contract in accordance with the Contract. Unless clearly stated otherwise in the RFQ, all prices are firm and fixed and are not subject to variation. Prices include, but are not limited to freight, insurance, fuel surcharges and customs duties. 2. Billings. If applicable, and unless the RFQ provides otherwise, the Contractor shall submit, on a regular basis, an invoice for goods and services supplied to the University under the Contract at the billing address identified by 4

University and the University shall remit payment to the Contractor within thirty (30) calendar days of the University’s receipt of the invoice 3. Delay of Payment Due to Contractor’s Failure. If the University in good faith determines that the Contractor has failed to perform or deliver any service or product as required by the Contract, the Contractor shall not be entitled to any compensation under the Contract until such service or product is performed or delivered. In this event, the University may withhold that portion of the Contractor’s compensation which represents payment for services or products that were not performed or delivered. F. TERMINATION 1. Immediate Termination. Pursuant to O.C.G.A. Section 50-5-64, this Contract will terminate immediately and absolutely if the University determines that adequate funds are not appropriated or granted or funds are de-appropriated such that the University cannot fulfill its obligations under the Contract, which determination is at the University's sole discretion and shall be conclusive. If the University declares a lack of funding pursuant to this paragraph, the University will not contract for the same goods or services during the remainder of the fiscal year (July 1 – June 30) in which the lack of funding was declared. Termination Upon Notice. Following thirty (30) calendar days’ written notice, the University may terminate the Contract in whole or in part without the payment of any penalty or incurring any further obligation to the Contractor. Payment Limitation in Event of Termination. In the event of termination of the Contract for any reason by the University, the University shall pay only those amounts, if any, due and owing to the Contractor for goods and services actually rendered up to and including the date of termination of the Contract and for which the University is obligated to pay pursuant to its Contract or purchase instrument. Payment will be made only upon submission of invoices and proper proof of the Contractor’s claim. This provision in no way limits the remedies available to the University under the Contract in the event of termination. The Contractor’s Termination Duties. Upon receipt of notice of termination or upon request of the University, the Contractor shall cease work under the Contract and take all necessary or appropriate steps to limit disbursements and minimize costs. Contractor shall immediately cease using and return to the University any personal property or materials, whether tangible or intangible, provided by the University to the Contractor. Further, the Contractor shall immediately return to the University any payments made by the University for goods and services that were not delivered or rendered by the Contractor. INDEMNIFICATION 1. Contractor hereby waives, releases, relinquishes, discharges and agrees to indemnify, protect, save harmless, the State of Georgia (including the State Tort Claims Trust Fund), BOR, Department of Administrative Services (DOAS), their officers and employees (collectively “indemnities”) of and from any and all claims, demands, liabilities, losses, costs or expenses for any loss or damage for bodily injury (including , but not limited to death), personal injury and property damage caused by any act or omission of contractor, its agents, subcontractor or any other party acting on behalf of contractor (collectively, the “indemnity claims”). This indemnification extends to the successors and assigns of the contractor, and this indemnification and release survives the termination of the contract and the dissolution or, to the extent allowed by law, the bankruptcy of the Contractor. If and to the extent such damage or loss as covered by this indemnification is covered by the State Tort Claims Fund or any other self-insurance funds maintained by the DOAS (collectively, the "Funds"), the contractor agrees to reimburse the Funds for such monies paid out by the Funds. To the full extent permitted by the constitution and the laws of the State of Georgia and the terms of the Funds, the contractor and its insurers waive any right of subrogation against the State of Georgia, the indemnities, and the funds and insurers participating thereunder, to the full extent of this indemnification. Contractor shall, at its expense, procure the insurance policies required by this contract, in coverage amounts as specified in this contract, with endorsements waiving rights of subrogation against the State, the indemnities, the Funds and insurers participating thereunder. Contractor shall, at its expense, be entitled to and shall have the duty to participate in the defense of any suit against the indemnities. No settlement or compromise of any claim, loss or damage asserted against indemnities shall be binding upon indemnities unless expressly approved by the indemnities. 2. Contractor shall, at its own expense, be entitled to and shall have the duty to participate in the defense of any suit instituted against the State and indemnify the State against any award of damages and costs made against the State by a final judgment of a court of last resort in such suit insofar as the same is based on any claim that any of the goods and/or services constitutes an infringement of any United States Letters Patent or copyright, provided the State gives the Contractor immediate notice in writing of the institution of such suit, permits Contractor to fully participate in the defense of the same, and gives Contractor all available information, assistance and authority to enable Contractor to do so. Subject to approval of the Attorney General of the State of Georgia, the University shall tender defense of any such action to Contractor upon request by Contractor. Contractor shall not be liable for any award of judgment against the State reached by compromise or settlement unless Contractor accepts the compromise or settlement. Contractor shall have the right to enter into negotiations for and the 5

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right to effect settlement or compromise of any such action, but no such settlement shall be binding upon the State unless approved by the State. In case any of the goods and/or services is in any suit held to constitute infringement and its use is enjoined, Contractor shall, at its option and expense: (i) Procure for the State the right to continue using the goods and/or services; (ii) Replace or modify the same so that it becomes non-infringing; or (iii) Remove the same and cancel any future charges pertaining thereto. Contractor, however, shall have no liability to the State if any such patent, or copyright infringement or claim thereof is based upon or arises out of: (i) Compliance with designs, plans or specifications furnished by or on behalf of the University as to the goods and/or services; (ii) Use of the goods and/or services in combination with apparatus or devices not supplied by Contractor, unless specifically stated in the contract; (iii) Use of the goods and/or services in a manner for which the same was neither designed nor contemplated; or (iv) The claimed infringement of any patent or copyright in which the University or any affiliate or subsidiary of the University has any direct interest by license or otherwise. The indemnification obligation of the Contractor shall survive termination of the Contract. H. INSURANCE: The following insurance coverage shall be obtained and maintained by contractor throughout the duration of the agreement. Except as otherwise expressly provided herein, all policies must be on an "occurrence" basis. All policies shall provide that contractor and its insurer(s) waive any right of subrogation against the State of Georgia , Board of Regents of the University System of Georgia, and Kennesaw State University. ○ 1. Insurance Certificate Contractor shall procure and maintain insurance which shall protect the contractor and the State, Board of Regents of the University System of Georgia and Kennesaw State University from any claims for bodily injury, property damage, or personal injury which may arise out of operations under the agreement. Contractor shall procure the insurance policies at the contractor's own expense and shall furnish the University an insurance certificate listing the State, BOR and the University as certificate holder. The insurance certificate must document that the liability insurance coverage purchased by the contractor includes contractual liability coverage to protect the State, BOR and the University. In addition, the insurance certificate must provide the following information: ▪ Name and address of authorized agent ▪ Name and address of insured ▪ Name of insurance company (licensed to operate in Georgia) ▪ Description of coverage in standard terminology ▪ Policy period ▪ Limits of liability ▪ Name and address of certificate holder ▪ Acknowledgment of notice of cancellation to the State, BOR and the University ▪ Signature of authorized agent ▪ Telephone number of authorized agent ▪ Details of policy exclusions in comments section of insurance certificate 2. Insurance Coverage: Contractor also agrees to provide an insurance certificate to document that the following types of insurance coverage have been purchased by the contractor: 1. Workers’ compensation insurance (occurrence) in the amounts of the statutory limits as established by the general assembly of the State of Georgia. (A self-insurer must submit a certificate from the Georgia Board of Workers’ Compensation stating the contractor qualifies to pay its own workers’ compensation claims.) In addition, contractor shall require all subcontractors occupying the premises or performing work under this agreement to obtain an insurance certificate showing proof of workers’ compensation coverage. 2. Commercial General Liability policy (occurrence), to include contractual liability. The commercial general liability policy shall have dollar limits sufficient to insure that there is no gap in coverage between this policy and the commercial umbrella policy required in this agreement. 3. Business Auto policy (occurrence), to include but not be limited to any owned, non-owned and hired auto liability. The business automobile policy shall have dollar limits sufficient to insure that there is no gap in coverage between this policy and the commercial umbrella policy required in this agreement. 6

4. Commercial Umbrella policy (occurrence), which must provide the same or broader coverage than those provided for in the above commercial general liability and business auto policies. Policy limits for the commercial umbrella policy shall have an annual aggregate limit of $1,000,000. 5. Professional Liability policy (claims made) which will be required on all privately contracted medical professionals (for example, physicians, nurses, psychiatrists, dentists, and pharmacists) but is recommended for all professional services contracts. Policy limits shall be $ 1,000,000.annual aggregate. This policy (and any required tail coverage) must provide and maintain a retroactive date to the date on which the contract commences as set forth in paragraph ________." When the contract is terminated or otherwise expires, the contractor must provide a five-year tail for reporting claims. The foregoing policies shall contain a provision that coverage afforded under the policies will not be canceled, or not renewed or allowed to lapse for any reason until at least thirty (30) days prior written notice has been given to Board of Regents of the University System of Georgia, Kennesaw State University, 1000 Chastain Road, Bldg 25, Kennesaw, GA, 30144-5591, Attn, Procurement Services. Certificates of Insurance showing such coverage to be in force shall be filed with Board of Regents of the University System of Georgia, Kennesaw State University, 1000 Chastain Road, Bldg 25, Kennesaw, GA, 301445591, Attn, Procurement Services, prior to commencement of any work under this agreement. The foregoing policies shall be obtained from insurance companies licensed to do business in Georgia and shall be with companies acceptable to Board of Regents of the University System of Georgia. All such coverage shall remain in full force and effect during the initial term of the agreement and any renewal or extension thereof. I. 1. WARRANTIES Warranties. The Contractor represents and expressly warrants that all aspects of the goods and services provided or used by it are merchantable and shall at a minimum conform to the standards in the Contractor’s industry. The warranties expressed in the Contract are intended to modify the warranties implied by law only to the extent that they expand the warranties applicable to the goods and services provided by the Contractor. Acceptance by the University shall not relieve the Contractor of its warranty or any other obligation under the Contract. Originality and Title to Concepts, Materials, and Goods Produced. Contractor represents and warrants that all the concepts, materials, goods and services produced, or provided to the University pursuant to the terms of the Contract shall be wholly original with the Contractor or that the Contractor has secured all applicable interests, rights, licenses, permits or other intellectual property rights in such concepts, materials and works. Contractor represents and warrants that title to any property assigned, conveyed or licensed to the University is good and that transfer of title or license to the University is rightful and that all property shall be delivered free of any security interest or other lien or encumbrance. Authority to Enter into Contract. The Contractor represents and warrants that it has full authority to enter into the Contract and that it has not granted and will not grant any right or interest to any person or entity that might derogate, encumber or interfere with the rights granted to the State and the University. CONTRACT ADMINISTRATION Compliance with the Law. The Contractor, its employees, agents, and subcontractors shall comply with all applicable federal, state, and local laws, rules, ordinances, regulations and orders now or hereafter in effect when performing under the Contract. The provisions of O.C.G.A. Section 45-10-20 et seq. have not and must not be violated under the terms of this Contract. The provisions of the O.C.G.A. can be found at www. 1. Drug-free Workplace. The Contractor hereby certifies as follows: (i) Contractor will not engage in the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana during the performance of this Contract; and (ii) If Contractor has more than one employee, including Contractor, Contractor shall provide for such employee(s) a drug-free workplace, in accordance with the Georgia Drug-free Workplace Act as provided in O.C.G.A. Section 5024-1 et seq., throughout the duration of this Contract; and (iii) Contractor will secure from any subcontractor hired to work on any job assigned under this Contract the following written certification: "As part of the subcontracting agreement with (Contractor's Name), (Subcontractor's Name) certifies to the contractor that a drug-free workplace will be provided for the subcontractor's employees during the performance of this Contract pursuant to paragraph 7 of subsection (b) of Code Section 50-24-3." Contractor may be suspended, terminated, or debarred if it is determined that: (i) Contractor has made false certification here in above; or (ii) Contractor has violated such certification by failure to carry out the requirements of O.C.G.A. Section 50-24-3(b). Amendments. The Contract may be amended in writing by mutual consent of the parties. All amendments to the Contract must be in writing and fully executed by duly authorized representatives of the parties.

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Third Party Beneficiaries. There are no third-party beneficiaries to the Contract. The Contract is intended only to benefit the University, the State, and the Contractor. Choice of Law and Forum. The laws of the State of Georgia shall govern and determine all matters arising out of or in connection with this Contract without regard to the choice of law provisions of State law. In the event any proceeding of a quasi-judicial or judicial nature is commenced in connection with this Contract, such proceeding shall solely be brought in a court or other forum of competent jurisdiction within Fulton County, Georgia. This provision shall not be construed as waiving any immunity to suit or liability, including without limitation sovereign immunity, which may be available to the State. Integration. The Contract represents the entire agreement between the parties. Notice. Any and all notices, designations, consents, offers, acceptances or any other communication provided for herein shall be given in writing by registered or certified mail, return receipt requested, by receipted hand delivery, by Federal Express, courier or other similar and reliable carrier which shall be addressed to the person who signed the Contract on behalf of the party at the address identified in the RFQ. Severability. If any provision of the Contract is determined by a court of competent jurisdiction to be invalid or unenforceable, such determination shall not affect the validity or enforceability of any other part or provision of the Contract. Time is of the Essence. Time is of the essence with respect to the performance of the terms of the Contract.

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10. Debarred, Suspended and Ineligible Status. Contractor certifies that the Contractor and/or any of its subcontractors have not been debarred, suspended or declared ineligible by any University of the State of Georgia. Contractor will immediately notify the University if Contractor is debarred by the State or placed on the Consolidated List of Debarred, Suspended and Ineligible Contractors by a federal entity. 11 Taxes. The University is exempt from certain sales and use taxes. By executing the Contract the Contractor certifies it is either (a) registered with the Georgia State Department of Revenue, collects, and remits State sales and use taxes as required by Georgia law, including Chapter 8 of Title 48 of the O.C.G.A.; or (b) not a “retailer” as defined in O.C.G.A. Section 48-82. 12. Force Majeure. Neither party will be liable to the other party for nonperformance resulting from labor strikes, riots, wars, acts of governmental authorities preventing performance, extraordinary weather conditions or other natural catastrophe, or any other cause beyond the reasonable control or contemplation of either party. 13. Limitation of Contractor’s Liability to the State. Except as otherwise provided in this Contract, Contractor’s liability to the State for any claim of damages arising out of this Contract shall be limited to direct damages and shall not exceed the total amount paid to Contractor for the performance under this Contract. No limitation of Contractor's liability shall apply to Contractor's liability for loss or damage to State equipment or other property while such equipment or other property is in the sole care, custody, and control of Contractor's personnel. Contractor hereby expressly agrees to assume all risk of loss or damage to any such State equipment or other property in the care, custody, and control of Contractor's personnel. Contractor shall only be liable to the extent of Contractor’s contribution to the situation giving rise to the claim. Contractor shall have no liability if the situation giving rise to the claim results solely from the act or omission of the University. Nothing in this section shall limit or affect Contractor's liability arising from claims brought by any third party. 14. Obligations Beyond Contract Term. The Contract shall remain in full force and effect to the end of the specified term or until terminated or canceled pursuant to the Contract. All obligations of the Contractor incurred or existing under the Contract as of the date of expiration, termination or cancellation will survive the termination, expiration or conclusion of the Contract. 15. Transition Cooperation and Cooperation with other Contractors. Contractor agrees that upon termination of this Contract for any reason, it shall provide sufficient efforts and cooperation to ensure an orderly and efficient transition of services to the State or another contractor. The Contractor shall provide full disclosure to the State and the third-party contractor about the equipment, software, or services required to perform services for the State. The Contractor shall transfer licenses or assign agreements for any software or third-party services used to provide the services to the State or to another contractor. K. PRIVACY LAWS If, under the terms of this contract, contractor has access to confidential information, as defined by GLBA, HIPAA, FERPA and other applicable Federal and/or State laws that address privacy, contractor stipulates that such confidential information will be accessed only for the explicit business purpose of the contract. Contractor guarantees it will protect such information according to commercially acceptable standards as rigorously as vendor protects its own customer/client information, and it will return or destroy such information on termination of the contract. Notwithstanding the aforementioned statement, 8

contractor is required to comply with all Federal, State and Local laws, rules and regulations regarding confidential information. Violation of these protective conditions amounts to a material breach of contract, which will allow the University to terminate the contract without penalty, and seek further recourse pursuant to review by the University, BOR, and/or the Attorney General of the State of Georgia. The University reserves the right to audit the vendor's compliance with these provisions and the Gramm Leach-Bliley Act. The requirements of this paragraph shall survive the termination or expiration of this contract/purchase order. Acceptance of this contract indicates vendor's explicit representation of its compliance with Federal and State laws regarding privacy. L. EQUAL EMPLOYMENT OPPORTUNITY The vendor, in accepting this contract, attests that they are in compliance with the nondiscrimination clause contained in Section 202 of Executive Order 11246, as amended, www.dol.gov/esa/regs/compliance/ofccp/regindex.htm, relative to equal employment opportunity for all persons without regard to race, color, religion, sex, or national origin, and the implementing rules and regulations prescribed by the Secretary of Labor, which is incorporated herein by reference.

M. RECIPROCAL PREFERENCE For the purposes of evaluation only, vendors, resident in the State of Georgia will be granted the same preference over vendors resident in another State in the same manner, on the same basis, and to the same extent that preference is granted in awarding solicitations for the same goods or services by such other State to vendors resident therein over vendors resident in the State of Georgia. NOTE: For the purposes of this law, the definition of a resident vendor is one who maintains a place of business with at least one employee inside the State of Georgia. A post office box address will not satisfy this requirement. N. RECORD RETENTION Contractor agrees to make available at all reasonable times during the period set forth below any of the records of the contracted work for inspection or audit by any authorized representative of DOAS or the Georgia state auditor. Contractor shall preserve and make available its records for a period of five (5) years from the date of final payment under this agreement, and for such period, if any, as is required by applicable statute, by any other paragraph of the RFP or this agreement. If the agreement is completely or partially terminated, the records relating to the work terminated shall be preserved and made available for a period of five (5) years from the date of any resulting final settlement. Records which relate to appeals, litigation, or the settlements of claims arising out of the performance of this agreement, or costs and expenses of any such agreement as to which exception has been taken by the state auditor or any of his duly authorized representatives, shall be retained by contractor until such appeals, litigation, claims or exceptions have been disposed of. MISCELLANEOUS PROVISIONS Neither the State nor the University shall be bound to any terms and conditions included in any Vendor packaging, invoice, catalog, brochure, technical data sheet, or other document which attempts to impose any condition in variance with or in addition to the terms and conditions contained herein. Unless otherwise specified in terms and conditions attached to this RFQ, prepayment and/or progress payment requirements contained in RFQ responses will be treated as non-responsive and will not be considered for award. RFQ Response containing a minimum order/ship quantity or dollar value, unless otherwise called for in the Request for Quote, may be treated as non-responsive and may not be considered for award. Only one sealed Response to the RFQ may be sent in an envelope. If you are responding on more than one RFQ, a separate envelope must be used for each RFQ. If Responses are being faxed, use separate cover sheets for each RFQ. The following information shall be placed on the outside, lower left corner of the envelope containing the Response to the RFQ or if a faxed Response, on the fax cover sheet. Failure to include such information may delay opening of the RFQ. RFQ CLOSING DATE: June 27, 2008 RFQ CLOSING TIME: 2:00PM REQUEST FOR QUOTE #: 54300-875 5. Unless otherwise specified, any reference to brand names, model numbers or other descriptions peculiar to specific brand products is made to establish required level of quality and functional capabilities. It is not intended to exclude other products of that level. Comparable products of other manufacturers will be considered if proof of comparability is contained in the RFQ. It shall be the responsibility of the contractor to indicate the brand name and model or series number of the product offered and to furnish with their Response such specifications, catalog pages, brochures, or other data that will provide an adequate basis for determining the quality and functional capabilities of the product offered. The University reserves the right to request samples prior to contract award. Failure to provide this data may be considered valid justification for rejection of Response. 9

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The University reserves the right to: (i) Award contracts on the basis of individual items or groups of items; and reject any or all Responses or any part thereof; and waive any minor irregularity in the Response; and accept the Response that is in the best interest of the University. (ii) Request a Performance Bond. (iii)Request that the contractor furnish proof that he/she is the manufacturer or one of the manufacturer's authorized dealers or distributors and is capable of providing warranty services on all items delivered. When a manufacturer's certificate or evidence of authorized distributorship is required, it shall be dated not more than thirty (30) days prior to the date of the RFQ opening. In the performance of all work under this agreement, contractor shall comply with any and all laws and ordinances, and any and all rules, regulations and orders of public authorities hereto, whether federal, state or local. Contractor shall also comply with all applicable standards, policies and guidelines of the Board of Regents of the University System of Georgia, or of any other organization or University which govern the operations of the Kennesaw State University, including but not limited to those specified in the RFQ. SMALL AND MINORITY BUSINESS ENTERPRISES 1. PARTICIPATION It is the policy of the State of Georgia that small businesses and minority businesses have a fair and equal opportunity to participate in the State purchasing process, pursuant to the Governor’s Executive Order issued on July 1, 1999. Therefore, the State of Georgia encourages all small and minority business enterprises to compete for, win, and receive contracts for goods, services, and construction. Also, the State encourages all companies to sub-contract portions of any State contract to minority business enterprises. 2. GEORGIA INCOME TAX INCENTIVE (i) In an effort to assist minority-owned businesses, the State of Georgia has a law hat provides for an income tax adjustment on the state tax return of any company that subcontracts with a Certified minority-owned firm to furnish goods, property or services to the State of Georgia. This includes, but is not restricted to, the construction of any building or structure for the state. Beginning with Tax Year1985, a corporation, partnership or individual is authorized to subtract from federal taxable income or federal adjusted gross income, ten (10) percent of the amount of qualified payments to certified minority subcontractors when computing Georgia taxable income. [O.C.G.A. 48-7-38] The Georgia Department of Revenue manages the Tax Incentive Program. (ii) A payment to a certified minority subcontractor is a qualified payment if: (a) the payment is for goods, property or services furnished by the minority subcontractor to the taxpayer and delivered by the taxpayer to the State in furtherance of a State contract to which taxpayer is a party, and the payment does not exceed the value of the goods, property or service to the taxpayer; (b) the payment is made during the taxable year for which the subtraction from the federal taxable income or federal adjusted gross income is claimed; or (c) the payment is made to a subcontractor who, at the time of the payment, is Certified as a minority subcontractor by the DOAS Vendor Relations. (Minority is defined as African American, Pacific Islander, Asian American, Hispanic/Latino or Native American). The total amount that may be subtracted from federal taxable income or federal adjusted gross income of any taxpayer in computing Georgia taxable income shall be limited to $100,000.00 per taxable year. To be a Certified minority subcontractor, a company must meet the definition of a minority-owned business and meet the following criteria: (1) be organized in the State of Georgia; or (2) report income from your business for Georgia income tax purposes; or (3) if minority stockholders, report earnings for Georgia income tax purposes. Kennesaw State University makes an appeal requesting businesses in your community to return the application for certification to the Department of Administrative Services. Should these businesses have questions or need new applications, please contact the University’s Small/Minority Business administrator, Kennesaw State University, Business Services, Bldg 35, 1000 Chastain Road, Kennesaw, GA 30144, Telephone: 770-499-6214, Fax: 770-423-6474. Bidders interested in taking advantage of the Georgia income tax incentives provided for by the Official Code of Georgia Annotated 48-7-38, relative to the use of minority subcontractors in the performance of contracts awarded by the State of Georgia, should contact the small and minority business coordinators at the following address: Small and Minority Business Coordinators, Department of Administrative Services, Purchasing and Surplus Property Division, 200 Piedmont Avenue, S.E., Suite 1302, West Tower, Floyd Building, Atlanta, GA 30334, Telephone: (404) 6566315.

. P.

NOTE: Kennesaw State University adheres to the guidelines set forth in the American with Disabilities Act. Accordingly, provisions will be made to make your use of the services provided by the Procurement Services office easier and more accessible. 10

We ask that you please call our office at (770) 423-6214 in advance if you require special arrangements when you attend the public RFQ openings or when you visit our offices. Please try to give at least one day notice. The Georgia Relay Center at 1-800-2550056 (TDD Only) or 1-800-255-0135 (Voice) will relay messages for the speech and hearing impaired in strict confidence.

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